Charity Commission: automatic disqualification changes

Posted by Kirsteen Hook on
From 1 August 2018, new rules will come into effect which means that the automatic disqualification rules will also apply to senior management positions in charities, as well as charity trustees.

The Charity Commission has published new example declarations which include confirmation that the individual making the declaration will not be disqualified under the new automatic disqualification rules from either a senior management position or as a trustee, when the new rules come into effect.  The Charity Commission are recommending that at on application for a senior management position the applicant is asked to complete the appropriate declaration together with any other pre-employment checks. All charity trustees should be asked to complete a trustee declaration of willingness, and the appropriate declaration prior to appointment.

Charities should also ask their current trustees and senior managers to complete a declaration prior to 1 August 2018 to confirm that they will not become disqualified.  If any individual may be affected by these changes to the rules, they may be eligible to apply to the Charity Commission for a waiver.

The Charity Commission's guidance on the changes to the automatic disqualification rules can be viewed here. This guidance also includes links to the example declarations. 

The Charity Commission's guidance, "The essential trustee: what you need to know, what you need to do (CC3)" has been updated in line with the changes to the rules on automatic disqualification.

About the Author

Kirsteen is an Associate in our Charities team and advises charities, schools, academies and other not-for-profit organisations on a wide range of issues.

Kirsteen Hook
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